2024-10-15 14:24:00
Summary of the DEFR newsletter published on September 4, 2024 on “Protection of workers under Swiss law is equivalent to that of European law”
Equivalence of worker protection
The Federal Council concluded, during its meeting of September 4, 2024, that the protection of workers in Switzerland is equivalent to that of the European Union (EU). This conclusion follows a study carried out by an interdepartmental group which compared the legislative texts of twelve EU legal acts and their implementation in countries including France, Germany and the Netherlands. The differences noted are considered occasional and not significant.
Recent EU directives
Two recent directives, Directive (EU) 2019/1152 on transparent and predictable working conditions, and Directive (EU) 2019/1158 on work-life balance, show larger gaps. These directives contain specific rights which are not yet integrated into Swiss law.
No adaptation necessary
Despite these gaps, the report emphasizes that worker protection in Switzerland is adequate and does not require adaptations to reach a level equivalent to that of the EU. Switzerland relies on effective social dialogue which has proven its usefulness in periods of economic boom and economic slowdown.
Independence of Swiss labor law
Since the rejection of the European Economic Area (EEA) agreement in 1992, Switzerland has gradually adapted its labor laws autonomously to match EU law, while maintaining its independence. Developments in EU law are closely monitored and integrated when this helps achieve Switzerland’s objectives.
Partial alignment for posted workers
The Federal Council nevertheless seeks to align the rights of posted workers with those of the EU in order to guarantee salary and employment conditions while avoiding unfair competition in the Swiss labor market.
Source : Worker protection under Swiss law is equivalent to that of European law (admin.ch)
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